Free Movement Of People
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Freedom of movement, mobility rights, or the right to travel is a
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
concept encompassing the right of individuals to travel from place to place within the
territory A territory is an area of land, sea, or space, belonging or connected to a particular country, person, or animal. In international politics, a territory is usually a geographic area which has not been granted the powers of self-government, ...
of a
country A country is a distinct part of the world, such as a state, nation, or other political entity. When referring to a specific polity, the term "country" may refer to a sovereign state, state with limited recognition, constituent country, ...
,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' (2014), p. 73: "Freedom of movement within a country encompasses both the right to travel freely within the territory of the State and the right to relocate oneself and to choose one's place of residence". and to leave the country and return to it. The right includes not only visiting places, but changing the place where the individual resides or works.Kees Groenendijk, Elspeth Guild, and Sergio Carrera, ''Illiberal Liberal States: Immigration, Citizenship and Integration in the EU'' (2013), p. 206: " eedom of movement did not only amount to the right to travel freely, to take up residence and to work, but also involved the enjoyment of a legal status characterised by security of residence, the right to family reunification and the right to be treated equally with nationals". Such a right is provided in the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
s of numerous
states State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
, and in documents reflecting norms of
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. For example, Article 13 of the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
asserts that: * "Everyone has the right to freedom of movement and residence within the borders of each state." * "Everyone has the right to leave any country, including his own, and to return to his country." Some people and organizations advocate an extension of the freedom of movement to include
free migration Free migration or open immigration is the position that people should be able to migrate to whatever country they choose with few restrictions. Distinction from freedom of movement From a human-rights perspective, free migration may be distin ...
between countries. The freedom of movement is restricted in a variety of ways by various governments and may even vary within the territory of a single country. Such restrictions are generally based on public health, order, or safety justifications and postulate that the right to these conditions preempts the notion of freedom of movement.


Common restrictions

Restrictions on international travel on people (immigration or emigration) are commonplace.Dowty, Alan, ''Closed Borders: the Contemporary Assault on Freedom of Movement''.
Yale University Press Yale University Press is the university press of Yale University. It was founded in 1908 by George Parmly Day and Clarence Day, grandsons of Benjamin Day, and became a department of Yale University in 1961, but it remains financially and ope ...
, 1989.
Within countries, freedom of travel is often more limited for minors, and
penal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and welfare of people inclusive of one's self. Most criminal law is esta ...
can modify this right as it applies to persons charged with or convicted of crimes (for example,
parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
,
probation Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incar ...
, registration). In some countries, freedom of movement has historically been limited for women, and for members of disfavored racial and social groups. Circumstances, both legal and practical, may operate to limit this freedom. For example, a nation that is generally permissive with respect to travel may restrict that right during time of
war War is an armed conflict between the armed forces of states, or between governmental forces and armed groups that are organized under a certain command structure and have the capacity to sustain military operations, or between such organi ...
. Restrictions may include the following: * national and regional official minimum wage tariff barriers to labour-market entry (free movement of workers); * official
identity cards An identity document (abbreviated as ID) is a documentation, document proving a person's Identity (social science), identity. If the identity document is a plastic card it is called an ''identity card'' (abbreviated as ''IC'' or ''ID card''). ...
(internal passports, citizenship licenses) that must be carried and produced on demand; * obligations on persons to register changes of address or of partner with the state authorities; * protectionist local/regional barriers to housebuilding and therefore settlement in particular districts; * trespassing into another individual's property. * motor vehicle normative road and highway design, in which pedestrian and bicycle access is severely restricted or absent


Freedom of movement between private properties

In some jurisdictions, questions have arisen as to the extent to which a private owner of land can exclude certain persons from land which is used for public purposes, such as a
shopping mall A shopping mall (or simply mall) is a large indoor shopping center, usually Anchor tenant, anchored by department stores. The term ''mall'' originally meant pedestrian zone, a pedestrian promenade with shops along it, but in the late 1960s, i ...
or a
park A park is an area of natural, semi-natural or planted space set aside for human enjoyment and recreation or for the protection of wildlife or natural habitats. Urban parks are urban green space, green spaces set aside for recreation inside t ...
. There is also a rule of law that a landowner whose property has no public access can be awarded an
easement An easement is a Nonpossessory interest in land, nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B" ...
to cross private land if necessary to reach his own property. Conversely, public nuisance laws prevent alternate use of public
street A street is a public thoroughfare in a city, town or village, typically lined with Building, buildings on one or both sides. Streets often include pavements (sidewalks), pedestrian crossings, and sometimes amenities like Street light, streetligh ...
s designated for
public transit Public transport (also known as public transit, mass transit, or simply transit) are forms of transport available to the general public. It typically uses a fixed schedule, route and charges a fixed fare. There is no rigid definition of wh ...
from being used for
block parties A block party or street party is a party in which many members of a single community congregate, either to observe an event of some importance or simply for mutual solidarity and enjoyment. The name comes from the form of the party, which ofte ...
and playing basketball.
Parent A parent is either the progenitor of a child or, in humans, it can refer to a caregiver or legal guardian, generally called an adoptive parent or step-parent. Parents who are progenitors are First-degree relative, first-degree relatives and have ...
s or other
legal guardian A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, ca ...
s are typically able to restrict the movements of minor children under their care, and of other adults who have been legally deemed incompetent to govern their own movement. Employers may legally set some restrictions on the movements of employees, and terminate employment if those restrictions are breached.


Domestic restrictions

Governments may generally sharply restrict the freedom of movement of persons who have been convicted of crimes, most conspicuously in the context of imprisonment. Restrictions may also be placed on convicted criminals who are on
probation Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incar ...
or have been released on
parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
. Persons who have been charged with crimes and have been released on bail may also be prohibited from traveling. A
material witness In American criminal law, a material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of ...
may also be denied the right to travel. Though travelling to and from countries is generally permitted (with some limitations), most governments restrict the length of time that temporary visitors may stay in the country. This can be dependent on country of citizenship and country travelled to among other factors. In some instances (such as those of
refugee A refugee, according to the United Nations High Commissioner for Refugees (UNHCR), is a person "forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as ...
s who are at risk of immediate bodily harm on return to their country or those seeking asylum), indefinite stay may be allowed on
humanitarian Humanitarianism is an ideology centered on the value of human life, whereby humans practice benevolent treatment and provide assistance to other humans to reduce suffering and improve the conditions of humanity for moral, altruistic, and emotiona ...
grounds, but in most other cases, stay is generally limited. One notable exception to this is the free movement of people in the European Union, where citizens of any country in the EU and EFTA generally enjoy indefinite stay in other EU/EFTA countries. Furthermore, restrictions on the right to relocate or live in certain areas of a country have been imposed in several countries, most prominently China. In a
child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
dispute, a court may place restrictions on the movement of a minor child, thereby restricting the ability of the parents of that child to travel with their child.


Entrance restrictions in certain countries

The Visa Restrictions Index ranks countries based on the number of other countries its citizens are free to enter without visa. Most countries in the world require visas or some other form of entrance permit for non-citizens to enter their territory. Those who enter countries in defiance of regulations requiring such documentation are often subject to imprisonment or deportation.


Exit restrictions in certain countries

Most countries require that their citizens leave the country on a valid passport, travel document issued by an international organization or, in some cases, identification document. Conditions of issuance and the governments' authority to deny issuance of a passport vary from country to country. Under certain circumstances, countries may issue travel documents (such as
laissez-passer A travel document is an identity document issued by a government or international entity pursuant to international agreements to enable individuals to clear border control measures. Travel documents usually assure other governments that the beare ...
) to aliens, that is, to persons other than their own citizens. Having a passport issued does not guarantee the right to exit the country. A person may be prohibited to exit a country on a number of reasons, such as being under investigation as a suspect, serving a criminal sentence, being a debtor in default, or posing a threat to national security. This applies to aliens as well. In some countries prohibition to leave may take the form of revocation of a previously issued passport. For example, the
United States of America The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguo ...
may revoke passports at will. Some countries, such as the former
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
, further required that their citizens, and sometimes foreign travelers, obtain an
exit visa A visa (; also known as visa stamp) is a conditional authorization granted by a polity to a foreigner that allows them to enter, remain within, or leave its territory. Visas typically include limits on the duration of the foreigner's stay, area ...
to be allowed to leave the country. Currently, some countries require that foreign citizens have valid visas upon leaving the country if they needed one to enter. For example, a person who overstayed a visa in
Czech Republic The Czech Republic, also known as Czechia, and historically known as Bohemia, is a landlocked country in Central Europe. The country is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the south ...
may need to obtain an exit visa. In
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
, the inconvenience goes even further as the legislation there does not formally recognize residency permits as valid visas; thus, foreign citizens lawfully residing in Russia need to obtain "exit-entry" visas in order to do a trip abroad. This, in particular, affects foreign students, whose original entry visas expire by the time they return home. Citizens of the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
who are residents of the
mainland Mainland is defined as "relating to or forming the main part of a country or continent, not including the islands around it egardless of status under territorial jurisdiction by an entity" The term is often politically, economically and/or demogr ...
are required to apply for exit and entry endorsements in order to enter the special administrative regions of
Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
and
Macau Macau or Macao is a special administrative regions of China, special administrative region of the People's Republic of China (PRC). With a population of about people and a land area of , it is the most List of countries and dependencies by p ...
(and SAR residents require a
Home Return Permit The Mainland Travel Permit for Hong Kong and Macao Residents (colloquially referred to as the Home Return Permit or Home Visit Permit) is a travel document issued by the Exit and Entry Administration of the People's Republic of China. This ...
to visit the mainland). Since 2016, residents of the
Xinjiang Uyghur Autonomous Region Xinjiang,; , SASM/GNC: previously romanized as Sinkiang, officially the Xinjiang Uygur Autonomous Region (XUAR), is an autonomous region of the People's Republic of China (PRC), located in the northwest of the country at the crossroads ...
have been required to deposit their passports with the police. Each trip abroad must be approved by the government, which is more difficult for members of the
Uyghur Uyghur may refer to: * Uyghurs, a Turkic ethnic group living in Eastern and Central Asia (West China) ** Uyghur language, a Turkic language spoken primarily by the Uyghurs *** Old Uyghur language, a different Turkic language spoken in the Uyghur K ...
ethnic group.
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in West Asia. Located in the centre of the Middle East, it covers the bulk of the Arabian Peninsula and has a land area of about , making it the List of Asian countries ...
and
Qatar Qatar, officially the State of Qatar, is a country in West Asia. It occupies the Geography of Qatar, Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it shares Qatar–Saudi Arabia border, its sole land b ...
require all resident foreigners, but not citizens, to obtain an exit visa before leaving the country.


History


Europe

When
Augustus Gaius Julius Caesar Augustus (born Gaius Octavius; 23 September 63 BC – 19 August AD 14), also known as Octavian (), was the founder of the Roman Empire, who reigned as the first Roman emperor from 27 BC until his death in A ...
established the
Roman Empire The Roman Empire ruled the Mediterranean and much of Europe, Western Asia and North Africa. The Roman people, Romans conquered most of this during the Roman Republic, Republic, and it was ruled by emperors following Octavian's assumption of ...
in 27 BC, he assumed monarchical powers over the new Roman province of
Egypt Egypt ( , ), officially the Arab Republic of Egypt, is a country spanning the Northeast Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via the Sinai Peninsula. It is bordered by the Mediterranean Sea to northe ...
and was able to prohibit senators from traveling there without his permission. However, Augustus would also allow more liberty to travel at times. During a
famine A famine is a widespread scarcity of food caused by several possible factors, including, but not limited to war, natural disasters, crop failure, widespread poverty, an Financial crisis, economic catastrophe or government policies. This phenom ...
in 6 AD, he attempted to relieve strain on the food supply by granting senators the liberty to leave
Rome Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, ...
and to travel to wherever they wished. In
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
, in 1215, the right to travel was enshrined in Article 42 of the
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
: :It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above. In the
Holy Roman Empire The Holy Roman Empire, also known as the Holy Roman Empire of the German Nation after 1512, was a polity in Central and Western Europe, usually headed by the Holy Roman Emperor. It developed in the Early Middle Ages, and lasted for a millennium ...
, a measure instituted by
Joseph II Joseph II (13 March 1741 – 20 February 1790) was Holy Roman Emperor from 18 August 1765 and sole ruler of the Habsburg monarchy from 29 November 1780 until his death. He was the eldest son of Empress Maria Theresa and her husband, Emperor F ...
in 1781 permitted
serfs Serfdom was the status of many peasants under feudalism, specifically relating to manorialism and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery. It developed dur ...
freedom of movement. The
serfs Serfdom was the status of many peasants under feudalism, specifically relating to manorialism and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery. It developed dur ...
of the
Russian Empire The Russian Empire was an empire that spanned most of northern Eurasia from its establishment in November 1721 until the proclamation of the Russian Republic in September 1917. At its height in the late 19th century, it covered about , roughl ...
were not given their personal freedom until Alexander II's Edict of Emancipation of 1861. At the time, most of the inhabitants of Russia, not only the serfs but also townsmen and merchants, did not have freedom of movement and were confined to their places of residence.


United Nations Declaration

After the end of hostilities in
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
was established on 24 October 1945. The new international organization recognized the importance of freedom of movement through documents such as the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
(1948) and the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
(1966). Article 13 of the Universal Declaration of Human Rights, adopted by the U.N. General Assembly, reads, :(1) Everyone has the right to freedom of movement and residence within the borders of each State. :(2) Everyone has the right to leave any country, including his own, and to return to his country. Article 12 of the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
incorporates this right into treaty law: :(1) Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. :(2) Everyone shall be free to leave any country, including his own. :(3) The above-mentioned rights shall not be subject to any restrictions except those provided by law, are necessary to protect national security, public order, public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. :(4) No one shall be arbitrarily deprived of the right to enter his own country. The ICCPR entered into force for the initial ratifying states on 23 March 1976, and for additional states following their ratification. In 1999, the U.N. Human Rights Committee, which is charged with interpreting the treaty, issued its guidelines for Article 12 of the ICCPR in its "General Comment No. 27: Freedom of Movement". While the treaty sets out the freedom of movement in broad and absolute terms, part four of Article 12 of the ICCPR admits that these freedoms may be restricted for a variety of reasons in the public interest. This clause is often cited to justify a wide variety of movement restrictions by almost every country that is party to it.


COVID-19

During the
COVID-19 pandemic The COVID-19 pandemic (also known as the coronavirus pandemic and COVID pandemic), caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), began with an disease outbreak, outbreak of COVID-19 in Wuhan, China, in December ...
, restrictions on freedom of movement were implemented by many of the world's governments.


Examples of free movement arrangements between countries


Commonwealth of Independent States

The countries of the
Commonwealth of Independent States The Commonwealth of Independent States (CIS) is a regional organization, regional intergovernmental organization in Eurasia. It was formed following the dissolution of the Soviet Union, dissolution of the Soviet Union in 1991. It covers an ar ...
have concluded a number of agreements among themselves in the field of citizens'
mobility rights Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' ...
, which regulate visa-free travel, recognition of documents, cooperation in the field of employment and the common labor market. Usually a travel passport is required for abroad visits, unless there are other agreements that a national identity document or internal passport is valid (a common market is a lesser degree of integration than a single market and separate agreements are more restrictive than the provisions of a single market). The
Eurasian Economic Union The Eurasian Economic Union (EAEU or EEU)EAEU is the acronym used on thorganisation's website However, many media outlets use the acronym EEU. is an economic union of five post-Soviet states located in Eurasia. The EAEU has an integrated single ...
overlaps with the Commonwealth of Independent States.


Eurasian Economic Union

The single market has provided for the free movement of labor without work permits for the worker and his or her family members since 2012, including access to health care and recognition of educational credentials. The national identity document or internal passport is valid within the Union (a single market is a deeper degree of integration than a common market). The
Commonwealth of Independent States The Commonwealth of Independent States (CIS) is a regional organization, regional intergovernmental organization in Eurasia. It was formed following the dissolution of the Soviet Union, dissolution of the Soviet Union in 1991. It covers an ar ...
overlaps with the Eurasian Economic Union.


European Union

Within the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
, residents are guaranteed the right to freely move within the EU's internal borders by the
Treaty on the Functioning of the European Union The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establish ...
and the
European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...
and Council Directive 2004/38/EC of 29 April 2004. Union residents are given the right to enter any member state for up to three months with a valid
passport A passport is an official travel document issued by a government that certifies a person's identity and nationality for international travel. A passport allows its bearer to enter and temporarily reside in a foreign country, access local aid ...
or national identity card, and over three months with evidence of "sufficient resources... not to become a burden on the social assistance system". If the citizen does not have a travel document, the member state must afford them every facility in obtaining the documents. Under no circumstances can an entry or exit visa be required. There are some security limitations and public policy restrictions on extended stays by EU residents. For instance, a member state may require that persons register their presence in the country "within a reasonable and non-discriminatory period of time". In general, however, the burden of notification and justification lies with the state. EU citizens also earn a right to permanent residence in member states they have maintained an uninterrupted five-year period of legal residence. This residency cannot be subject to any conditions, and is lost only by two successive years absence from the host nation. Family members of EU residents, in general, also acquire the same freedom of travel rights as the resident they accompany, though they may be subject to a short-stay visa requirement. Furthermore, no EU citizen may be declared permanently ''
persona non grata In diplomacy, a ' (PNG) is a foreign diplomat that is asked by the host country to be recalled to their home country. If the person is not recalled as requested, the host state may refuse to recognize the person concerned as a member of the diplo ...
'' within the European Union, or permanently excluded from entry by any member state.


Workers

Freedom of movement for workers is a policy chapter of the ''
acquis communautaire The Community acquis or ''acquis communautaire'' (; ), sometimes called the EU acquis, and often shortened to acquis, is the accumulated legislation, legal acts and court decisions that constitute the body of European Union law that came into ...
'' of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
. It is part of the
free movement of persons Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' ...
and one of the four economic freedoms:
free movement of goods The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the member states of the European Union (EU). With certain exceptions, it also comprises Iceland, L ...
,
services Service may refer to: Activities * Administrative service, a required part of the workload of university faculty * Civil service, the body of employees of a government * Community service, volunteer service for the benefit of a community or a ...
, labour and
capital Capital and its variations may refer to: Common uses * Capital city, a municipality of primary status ** Capital region, a metropolitan region containing the capital ** List of national capitals * Capital letter, an upper-case letter Econom ...
. Article 45
TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establish ...
(ex 39 and 48) states that: # Freedom of movement for workers shall be secured within the Community. # Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. # It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health: #: (a) to accept offers of employment actually made; #: (b) to move freely within the territory of Member States for this purpose; #: (c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action; #: (d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission. # The provisions of this article shall not apply to employment in the public service.


Schengen Area

A different arrangement amongst 29 European countries, covers some but not all
European Union member states The European Union (EU) is a political and economic union of Lists of member states of the European Union, 27 member states that are party to the EU's Treaties of the European Union, founding treaties, and thereby subject to the privileges and ...
together with some non-member states. The arrangement allows visa-free travel between the countries in this area, in general without border controls. A foreign national who holds a visa issued by any of these countries can travel freely within the area.


Nordic Passport Union

The Nordic Passport Union allows citizens of the Nordic countries – Iceland, Denmark, Norway, Sweden, and Finland – to travel and reside in another Nordic country without any travel documentation (e.g. a passport or national identity card) or a residence permit. Since 25 March 2001, all five states are also in the Schengen Area.


Mercosur

The
Mercosur The Southern Common Market (commonly known by abbreviation ''Mercosur'' in Spanish and ''Mercosul'' in Portuguese) is a South American trade bloc established by the Treaty of Asunción in 1991 and Protocol of Ouro Preto in 1994. Its full me ...
alliance between
Argentina Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
,
Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
,
Paraguay Paraguay, officially the Republic of Paraguay, is a landlocked country in South America. It is bordered by Argentina to the Argentina–Paraguay border, south and southwest, Brazil to the Brazil–Paraguay border, east and northeast, and Boli ...
and
Uruguay Uruguay, officially the Oriental Republic of Uruguay, is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast, while bordering the Río de la Plata to the south and the A ...
includes a freedom of movement area between its member states and five other associate states. Citizens don't require a passport to travel through other Mercosur or associate countries. Freedom of movement also extends to certain associated countries (
Chile Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...
,
Bolivia Bolivia, officially the Plurinational State of Bolivia, is a landlocked country located in central South America. The country features diverse geography, including vast Amazonian plains, tropical lowlands, mountains, the Gran Chaco Province, w ...
,
Colombia Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
,
Ecuador Ecuador, officially the Republic of Ecuador, is a country in northwestern South America, bordered by Colombia on the north, Peru on the east and south, and the Pacific Ocean on the west. It also includes the Galápagos Province which contain ...
and
Peru Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...
), citizens of which can also travel to their territories without the need of a passport..


Central America

The Central America-4 Border Control Agreement abolished in 2006 land border checks among
El Salvador El Salvador, officially the Republic of El Salvador, is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south by the Pacific Ocean. El Salvador's capital and largest city is S ...
,
Guatemala Guatemala, officially the Republic of Guatemala, is a country in Central America. It is bordered to the north and west by Mexico, to the northeast by Belize, to the east by Honduras, and to the southeast by El Salvador. It is hydrologically b ...
,
Honduras Honduras, officially the Republic of Honduras, is a country in Central America. It is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Ocean at the Gulf of Fonseca, ...
, and
Nicaragua Nicaragua, officially the Republic of Nicaragua, is the geographically largest Sovereign state, country in Central America, comprising . With a population of 7,142,529 as of 2024, it is the third-most populous country in Central America aft ...
. The countries have adopted a harmonized external border and visitor policy.


Australia and New Zealand

The
Trans-Tasman Travel Arrangement The Trans-Tasman Travel Arrangement (TTTA) is an arrangement between Australia and New Zealand which allows for the free movement of citizens of one of these countries to the other. The arrangement came into effect in 1973, and allows citizens of ...
between
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
and
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
allows citizens of each country to move between, and work within, the two countries with few limitations. The arrangement also extends to holders of permanent resident and resident return visas of Australia.


United Kingdom, Ireland, Isle of Man and Channel Islands

The
Common Travel Area The Common Travel Area (CTA; , ) is an open borders area comprising the United Kingdom, Republic of Ireland, Ireland, the Isle of Man and the Channel Islands. The British Overseas Territories are not included. Governed by non-binding agreements ...
arrangements allow citizens of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
and
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, and other
British national The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself (England, Wales, Scotland, and North ...
s resident in the
Isle of Man The Isle of Man ( , also ), or Mann ( ), is a self-governing British Crown Dependency in the Irish Sea, between Great Britain and Ireland. As head of state, Charles III holds the title Lord of Mann and is represented by a Lieutenant Govern ...
and the
Channel Islands The Channel Islands are an archipelago in the English Channel, off the French coast of Normandy. They are divided into two Crown Dependencies: the Jersey, Bailiwick of Jersey, which is the largest of the islands; and the Bailiwick of Guernsey, ...
, to travel freely in this area. The arrangements also extend to certain foreign nationals who hold visas issued by these countries.


Gulf Cooperation Council

Saudi,
Oman Oman, officially the Sultanate of Oman, is a country located on the southeastern coast of the Arabian Peninsula in West Asia and the Middle East. It shares land borders with Saudi Arabia, the United Arab Emirates, and Yemen. Oman’s coastline ...
i,
Kuwait Kuwait, officially the State of Kuwait, is a country in West Asia and the geopolitical region known as the Middle East. It is situated in the northern edge of the Arabian Peninsula at the head of the Persian Gulf, bordering Iraq to Iraq–Kuwait ...
i,
Bahrain Bahrain, officially the Kingdom of Bahrain, is an island country in West Asia. Situated on the Persian Gulf, it comprises a small archipelago of 50 natural islands and an additional 33 artificial islands, centered on Bahrain Island, which mak ...
i,
Qatar Qatar, officially the State of Qatar, is a country in West Asia. It occupies the Geography of Qatar, Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it shares Qatar–Saudi Arabia border, its sole land b ...
i, Emirati -
Gulf Cooperation Council The Cooperation Council for the Arab States of the Gulf (), also known as the Gulf Cooperation Council (GCC; ), is a Regional integration, regional, intergovernmental organization, intergovernmental, political, and economic union comprising Ba ...
(GCC) citizens do not need a visa to enter each other's countries and they also have the right to work in each GCC country. GCC citizens can use a GCC national identity card (rather than a passport) to travel between these states.


Union State of Russia and Belarus

Freedom of movement between Russia and Belarus for local citizens exists similar to that which exists for British and Irish citizens within the Common Travel Area.


United States, Federated States of Micronesia, Marshall Islands, and Palau

Citizens of the FSM,
Marshall Islands The Marshall Islands, officially the Republic of the Marshall Islands, is an island country west of the International Date Line and north of the equator in the Micronesia region of the Northwestern Pacific Ocean. The territory consists of 29 c ...
,
Palau Palau, officially the Republic of Palau, is an island country in the Micronesia subregion of Oceania in the western Pacific Ocean. The Republic of Palau consists of approximately 340 islands and is the western part of the Caroline Islands ...
, and the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
may enter, reside, study and work in each respective country indefinitely without a visa.


The Caribbean

Citizens of certain countries in the Caribbean (Antigua and Barbuda, Commonwealth of Dominica, Grenada, Montserrat, Saint Kitts and Nevis, Saint Lucia and Saint Vincent and the Grenadines) may enter, reside, study and work in each respective country indefinitely without a visa.


Protection of right to freedom of movement in specific countries


Asia


Burma/Myanmar

The military regime in
Burma Myanmar, officially the Republic of the Union of Myanmar; and also referred to as Burma (the official English name until 1989), is a country in northwest Southeast Asia. It is the largest country by area in Mainland Southeast Asia and ha ...
has been criticized for allegations of restrictions to freedom of movement. These include restrictions on movement by political dissidents, women, and migrant workers.


China (mainland)

In the mainland of the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
, the
hukou system ''Hukou'' ( zh, c=户口, l=household individual) is a system of household registration used in the People's Republic of China. The system itself is more properly called ''huji'' ( zh, c=户籍, l=household origin), and has origins in anci ...
of household registration makes
internal migration Internal migration or domestic migration is human migration within a country. Internal migration tends to be travel for education and for economic improvement or because of a natural disaster or civil disturbance, though a study based on the full ...
difficult, especially for
rural In general, a rural area or a countryside is a geographic area that is located outside towns and cities. Typical rural areas have a low population density and small settlements. Agricultural areas and areas with forestry are typically desc ...
residents to move to
urban Urban means "related to a city". In that sense, the term may refer to: * Urban area, geographical area distinct from rural areas * Urban culture, the culture of towns and cities Urban may also refer to: General * Urban (name), a list of people ...
areas. Many people move to places in which they do not have a local ''hukou'', but
local governments Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state. Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
can restrict services like subsidized schooling,
subsidized housing Subsidized housing is a subsidy aimed towards alleviating housing costs and expenses for impoverished people with low to moderate incomes. In the United States, subsidized housing is often called "affordable housing". Forms of subsidies include d ...
, and
health insurance Health insurance or medical insurance (also known as medical aid in South Africa) is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among ma ...
to those with local ''hukou''. The system was used as far back as the
Han dynasty The Han dynasty was an Dynasties of China, imperial dynasty of China (202 BC9 AD, 25–220 AD) established by Liu Bang and ruled by the House of Liu. The dynasty was preceded by the short-lived Qin dynasty (221–206 BC ...
for
tax collection A revenue service, revenue agency or taxation authority is a government agency responsible for the intake of government revenue, including taxes and sometimes non-tax revenue. Depending on the jurisdiction, revenue services may be charged with ...
, and more recently in the People's Republic to control
urbanization Urbanization (or urbanisation in British English) is the population shift from Rural area, rural to urban areas, the corresponding decrease in the proportion of people living in rural areas, and the ways in which societies adapt to this change. ...
. The Hukou system has also led many municipal governments to disregard the welfare of
migrant worker A migrant worker is a person who Human migration, migrates within a home country or outside it to pursue work. Migrant workers usually do not have an intention to stay permanently in the country or region in which they work. Migrant workers ...
s as measures of wellbeing and economic progress are based almost exclusively on conditions for those with a local ''hukou.''Maurer-Fazio, M., Connelly, R., & Tran, N. T. (2015). Negative native-place stereotypes and discriminatory wage penalties in China's migrant labour markets. In ''Handbook of Chinese Migration: Identity and Wellbeing'' (pp. 71-104). No, MA: Edward Elgar Publishing, Inc. Also, Chinese citizens are allowed to go from the mainland to
Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
or
Macau Macau or Macao is a special administrative regions of China, special administrative region of the People's Republic of China (PRC). With a population of about people and a land area of , it is the most List of countries and dependencies by p ...
only for travel, but not for residence unless they obtain the "
one-way permit The Permit for Proceeding to Hong Kong and Macao, colloquially known as the One-way Permit, is a travel document issued by the Exit and Entry Administration of the People's Republic of China. This passport-size document is issued for its be ...
" from Chinese authorities. Currently, the issuance of the "one-way permit" is limited to 150 per day. The
Tibetan Centre for Human Rights and Democracy The Tibetan Centre for Human Rights and Democracy (TCHRD) is a Tibetan Non-governmental organization, non-governmental Nonprofit organization, nonprofit Human rights group, human rights organization. The TCHRD investigates and reports on Human ...
claimed in 2000 that people in
Tibet Tibet (; ''Böd''; ), or Greater Tibet, is a region in the western part of East Asia, covering much of the Tibetan Plateau and spanning about . It is the homeland of the Tibetan people. Also resident on the plateau are other ethnic groups s ...
had to promise not to criticize the
Chinese Communist Party The Communist Party of China (CPC), also translated into English as Chinese Communist Party (CCP), is the founding and One-party state, sole ruling party of the People's Republic of China (PRC). Founded in 1921, the CCP emerged victorious in the ...
before receiving official permission to leave for
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
or
Nepal Nepal, officially the Federal Democratic Republic of Nepal, is a landlocked country in South Asia. It is mainly situated in the Himalayas, but also includes parts of the Indo-Gangetic Plain. It borders the Tibet Autonomous Region of China Ch ...
. Additionally, it alleged that people of Han descent in Tibet have a far easier time acquiring the necessary permits to live in urban areas than ethnic Tibetans do.


Hong Kong and Macau

As a part of the
one country, two systems "One country, two systems" is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau. Deng Xiaoping developed the one country, two systems ...
policy proposed by
Deng Xiaoping Deng Xiaoping also Romanization of Chinese, romanised as Teng Hsiao-p'ing; born Xiansheng (). (22 August 190419 February 1997) was a Chinese statesman, revolutionary, and political theorist who served as the paramount leader of the People's R ...
and accepted by the British and Portuguese governments, the special administrative regions (SARs) of
Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
and
Macau Macau or Macao is a special administrative regions of China, special administrative region of the People's Republic of China (PRC). With a population of about people and a land area of , it is the most List of countries and dependencies by p ...
retained separate border control and immigration policies with
mainland China "Mainland China", also referred to as "the Chinese mainland", is a Geopolitics, geopolitical term defined as the territory under direct administration of the People's Republic of China (PRC) in the aftermath of the Chinese Civil War. In addit ...
. Chinese nationals had to gain permission from the government before travelling to Hong Kong or Macau, but this requirement was officially abolished for each SAR after its respective handover. Since then, restrictions imposed by the SAR governments have been the limiting factor on travel. Under
Basic Law of Hong Kong The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). With nine chapters, 160 article ...
article 31, "Hong Kong residents shall have freedom of movement within the Hong Kong Special Administrative Region and freedom of immigration to other countries and regions. They shall have freedom to travel and to enter or leave the Region. Unless restrained by law, holders of valid travel documents shall be free to leave the Region without special authorization."


India

* Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control epidemics. * Freedom to reside and settle in any part of the territory of India, which is subject to reasonable restrictions by the State in the interest of the general public, or for protection of the scheduled tribes because certain safeguards, as are envisaged here, seem justified to protect indigenous and tribal peoples from exploitation and coercion.


Israel

Israeli Basic Law: Human Dignity and Liberty, which has quasi-constitutional status, declares that "there shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise"; that "all persons are free to leave Israel"; and that "every Israeli national has the right of entry into Israel from abroad". In practice, stay of exit orders are liberally issued by Israel courts, including on non-custodial fathers who are not in arrears in child support. In March 2012 a corruption scandal led to the arrest of two officials for allegedly having taken bribes to circumvent court ordered "no exit" travel abroad bans. Freedoms of movement within the West Bank and Gaza is not similarly protected and has been a source of controversy.


Japan

The
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
provides for the freedom of movement within the country, foreign travel, immigration, and repatriation, and the
Government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
generally respects them in practice. Citizens have the right to travel freely both within the country and abroad, to change their place of residence, to emigrate, and to repatriate voluntarily.
Citizenship Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationalit ...
may be forfeited by naturalization in a foreign country or by failure of persons born with dual nationality to elect citizenship at the required age. The law does not permit forced
exile Exile or banishment is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circumstance or the rigors of some high purpose. Usually persons ...
, and it is not used.


Kuwait

Kuwait refuses admission to holders of Israeli passports as part of its boycott against Israel. In 2015
Kuwait Airways Kuwait Airways (, ) is the flag carrier of Kuwait, with its head office on the grounds of Kuwait International Airport, Al Farwaniyah Governorate. It operates scheduled international services throughout the Middle East, to the Indian subcontine ...
cancelled its route between New York and London following a decision by the
U.S. Department of Transportation The United States Department of Transportation (USDOT or DOT) is one of the executive departments of the U.S. federal government. It is headed by the secretary of transportation, who reports directly to the president of the United States a ...
that the airline had engaged in discrimination by refusing to sell tickets to Israeli citizens. Direct flights between the US and Kuwait are not affected by this decision as Israeli citizens are not allowed to enter Kuwait.


North Korea

Travel to North Korea is tightly controlled. The standard route to and from North Korea is by plane or train via
Beijing Beijing, Chinese postal romanization, previously romanized as Peking, is the capital city of China. With more than 22 million residents, it is the world's List of national capitals by population, most populous national capital city as well as ...
. Transport directly to and from
South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia. It constitutes the southern half of the Korea, Korean Peninsula and borders North Korea along the Korean Demilitarized Zone, with the Yellow Sea to the west and t ...
was possible on a limited scale from 2003 until 2008, when a road was opened (bus tours, no private cars). Freedom of Movement within North Korea is also limited, as citizens are not allowed to move around freely inside their country.


Syria

Syrian citizens are prohibited from exiting the country without special visas issued by government authorities. The Syrian Constitution states "Every citizen has the right to liberty of movement within the territory of the State unless prohibited therefrom under the terms of a court order or public health and safety regulations.". In its mandated report on human rights to the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
, Syria has argued that because of this constitutional protection: "in Syria, no laws or measures restrict the liberty of movement or choice of residence of citizens". Legislative Decree No. 29 of 1970 regulates the right of foreigners to enter, reside in and leave the territory of Syria, and is the controlling document regarding the issuance of passports, visas, and diplomatic travel status. The document specifically states "The latter provision is intended merely to ensure that our country is not the final destination of stateless persons." However, Syria has been criticized by groups, including
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
for restrictions to freedom of movement. In August 2005, Amnesty International released an "appeal case", citing several freedom of movement restrictions including exit restriction without explanation, refusal to issue passports to political dissidents, detention, restriction from entering certain structures, denial of travel documents, and denial of nationality. The
United Nations Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per yea ...
issues regular reports on human rights in Syria, including freedom of movement. There are certain restrictions on movement placed on Women, for example Syrian law now allows males to place restrictions on certain female relatives. Women over the age of 18 are entitled to travel outside of Syria, however a woman's husband may file a request for his wife to be banned from leaving the country. From July 2013, in certain villages in Syria (such as
Raqqa Raqqa (, also , Kurdish language, Kurdish: ''Reqa'') is a city in Syria on the North bank of the Euphrates River, about east of Aleppo. It is located east of the Tabqa Dam, Syria's largest dam. The Hellenistic, Roman, and Byzantine city and b ...
and Deir el-Zour),
ISIS Isis was a major goddess in ancient Egyptian religion whose worship spread throughout the Greco-Roman world. Isis was first mentioned in the Old Kingdom () as one of the main characters of the Osiris myth, in which she resurrects her sla ...
no longer allow women to appear in public alone, they must be accompanied by a male relative/guardian known as a ''mahram''. People who tried to leave ISIS territory were routinely tortured and executed.


Palestine

The restriction of the movement of
Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
is and
Palestinians Palestinians () are an Arab ethnonational group native to the Levantine region of Palestine. *: "Palestine was part of the first wave of conquest following Muhammad's death in 632 CE; Jerusalem fell to the Caliph Umar in 638. The indigenou ...
in Israel and the
West Bank The West Bank is located on the western bank of the Jordan River and is the larger of the two Palestinian territories (the other being the Gaza Strip) that make up the State of Palestine. A landlocked territory near the coast of the Mediter ...
by
Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
and the
Palestinian National Authority The Palestinian Authority (PA), officially known as the Palestinian National Authority (PNA), is the Fatah-controlled government body that exercises partial civil control over the Palestinian enclaves in the Israeli-occupied West Bank as a c ...
is one issue in the Israel–Palestine conflict. In the mid-1990s, with the implementation of the
Oslo Accords The Oslo Accords are a pair of interim agreements between Israel and the Palestine Liberation Organization (PLO): the Oslo I Accord, signed in Washington, D.C., in 1993; and the Oslo II Accord, signed in Taba, Egypt, in 1995. They marked the st ...
and the division of the
West Bank The West Bank is located on the western bank of the Jordan River and is the larger of the two Palestinian territories (the other being the Gaza Strip) that make up the State of Palestine. A landlocked territory near the coast of the Mediter ...
into three separate
administrative divisions Administrative divisions (also administrative units, administrative regions, subnational entities, or constituent states, as well as many similar generic terms) are geographical areas into which a particular independent sovereign state is divi ...
, Israeli freedom of movement was limited by law. Israel says that the regime of restrictions is necessary to protect Israelis both in Israel proper and in the West Bank. Checkpoints exist throughout and at entrances and exits to the West Bank that limit the movement of non-Israelis on the basis of nationality, age, and sex among other criteria.''Checkpoints, Physical Obstructions, and Forbidden Roads''
B'Tselem, Updated 24 November 2013.
"OCHA Closure Update"
(PDF).
United Nations Office for the Coordination of Humanitarian Affairs The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) is a United Nations (UN) body established in December 1991 by the General Assembly to strengthen the international response to complex emergencies and natural disaster ...
. May 2008. Retrieved 2010-03-29.
While many such checkpoints are static, many are random, or move around frequently. Full closures of the West Bank to any entrance or exit are frequent, generally taking place on Jewish Holidays."IDF closes West Bank for Passover"
.
Jewish Telegraphic Agency The Jewish Telegraphic Agency (JTA) is an international news agency and wire service that primarily covers Judaism- and Jewish-related topics and news. Described as the "Associated Press of the Jewish media", JTA serves Jewish and non-Jewish news ...
. 2010-03-28. Retrieved 2010-03-29.
Residents of Gaza are only allowed to travel to the West Bank in exceptional humanitarian cases, particularly urgent medical cases, but ''not'' including marriage. It is possible to travel from the West Bank to Gaza only if the person pledges to permanently relocating to Gaza. Gazan residents are only admitted to Israel in exceptional humanitarian cases. Since 2008, they are not allowed to live or stay in Israel because of marriage with an Israeli. Israelis who want to visit their partner in Gaza need permits for a few months, and Israelis can visit their first‐degree relatives in Gaza only in exceptional humanitarian cases.


Africa

Freedom of movement laws and restrictions vary from country to country on the African continent, however several international agreements beyond those prescribed by the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
govern freedom of movement within the African continent
The African Charter on Human and People's Rights
Article 12 outlines various forms of movement-related freedoms. It asserts: # Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. # Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. # Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. # A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. # The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups. The ideals of the Charter are, in principle, supported by all signatory governments, though they are not rigorously followed. There have been attempts to have intellectuals recognized as having special freedom of movement rights, to protect their intellectual ideals as they cross national boundaries.


South Africa

Under
apartheid Apartheid ( , especially South African English:  , ; , ) was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. It was characterised by an ...
, freedom of movement for nonwhites was limited by
pass laws In South Africa under apartheid, and South West Africa (now Namibia), pass laws served as an internal passport system designed to racially segregate the population, restrict movement of individuals, and allocate low-wage migrant labor. Also ...
beginning with the Natives (Urban Areas) Act 1923 requiring black men to have a pass with them to enter cities. After the
National Party National Party or Nationalist Party may refer to: Active parties * National Party of Australia, commonly known as ''The Nationals'' * Bangladesh: ** Bangladesh Nationalist Party ** Jatiya Party (Ershad) a.k.a. ''National Party (Ershad)'' * Californ ...
imposed
apartheid Apartheid ( , especially South African English:  , ; , ) was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. It was characterised by an ...
in the 1950s, these laws were expanded to prohibit all non-whites from remaining in cities for longer than 72 hours. Beyond the African Charter on Human and People's Rights, the
Constitution of South Africa The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the human rights and duties of its citizens, and defines the structure of t ...
also contains express freedoms of movement, in section 21 of
Chapter 2 Chapter Two refers to the second chapter in a book. Chapter Two, Chapter 2, or Chapter II may also refer to: Film * ''Chapter Two'' (film), a 1979 adaptation of Neil Simon's play * '' KGF: Chapter 2'', 2022 Indian period action film * '' Khuda H ...
. Freedom of movement is guaranteed to "everyone" in regard to leaving the country but is limited to citizens when entering it or staying in it. Citizens also have a right to a
passport A passport is an official travel document issued by a government that certifies a person's identity and nationality for international travel. A passport allows its bearer to enter and temporarily reside in a foreign country, access local aid ...
, critical to full exercise of the freedom of movement internationally.


Europe


France

Many countries mention freedom of movement in their constitutional texts, but France does not. Freedom of movement in France is ruled both by the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
of 1948 and the
Schengen Agreement The Schengen Agreement ( , ) is a treaty which led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished. It was signed on 14 June 1985, near the town of Schengen, Luxembourg, by five of the t ...
of 1990, promoting freedom of movement and no more borders controls for European citizen on the European territory. In theory, citizens in France are free to travel without any police control on the national territory. Although until the 1980s any person (either tourists or French citizens) had to fill up an information sheet then given to the police, writing on it its personal situation before booking a
hotel room ''Hotel Room'' (sometimes referred to as ''David Lynch's Hotel Room'') is an American drama anthology series that aired for three episodes on HBO on January 8, 1993, with a rerun the next night. Created by Monty Montgomery and David Lynch (who ...
. This law does not exist anymore however. Since the Schengen Agreement in 1990, freedom of movement slightly spread to 25 countries of the European Union (
Cyprus Cyprus (), officially the Republic of Cyprus, is an island country in the eastern Mediterranean Sea. Situated in West Asia, its cultural identity and geopolitical orientation are overwhelmingly Southeast European. Cyprus is the List of isl ...
is not a member yet;
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
maintains an
opt-out The term opt-out refers to several methods by which individuals can avoid receiving unsolicited product or service information. This option is usually associated with direct marketing campaigns such as e-mail marketing or direct mail. A list of th ...
), and to
Norway Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. The remote Arctic island of Jan Mayen and the archipelago of Svalbard also form part of the Kingdom of ...
,
Iceland Iceland is a Nordic countries, Nordic island country between the Atlantic Ocean, North Atlantic and Arctic Oceans, on the Mid-Atlantic Ridge between North America and Europe. It is culturally and politically linked with Europe and is the regi ...
,
Switzerland Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...
and
Liechtenstein Liechtenstein (, ; ; ), officially the Principality of Liechtenstein ( ), is a Landlocked country#Doubly landlocked, doubly landlocked Swiss Standard German, German-speaking microstate in the Central European Alps, between Austria in the east ...
as these countries own an associated status towards the EU. As European citizens, French people are free to go to one European country to another without restrictions. France is one of the most welcomed countries in the world. Citizens are indeed able to travel to 186 destinations in the world, making France one of the most welcomed countries according to the Henley passport index.


Ireland

In
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, the Thirteenth Amendment was adopted in November 1992 by
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
in order to ensure freedom of movement in the specific circumstance of a woman traveling abroad to receive an
abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...
. However, with the successful repeal of the Eighth Amendment of the
Irish Constitution The Constitution of Ireland (, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliam ...
on 25 May 2018, which ensures the right to an abortion, this previous amendment is no longer necessary.


Italy

In
Italy Italy, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land b ...
, freedom of movement is enshrined in Article 16 of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
, which states: "Every citizen has the right to reside and travel freely in any part of the country, except for such general limitations as may be established by law for reasons of health or security. No restriction may be imposed for political reasons. Every citizen is free to leave the territory of the republic and return to it, notwithstanding any legal obligations."


Norway (Svalbard)

Uniquely, the Norwegian special territory of
Svalbard Svalbard ( , ), previously known as Spitsbergen or Spitzbergen, is a Norway, Norwegian archipelago that lies at the convergence of the Arctic Ocean with the Atlantic Ocean. North of continental Europe, mainland Europe, it lies about midway be ...
is an entirely visa-free zone under the terms of the
Svalbard Treaty The Svalbard Treaty (originally the Spitsbergen Treaty) recognises the sovereignty of Norway over the Arctic archipelago of Svalbard, at the time called Spitsbergen. The exercise of sovereignty is, however, subject to certain stipulations, and no ...
.


Poland

Polish nationals holding
dual citizenship Multiple citizenship (or multiple nationality) is a person's legal status in which a person is at the same time recognized by more than one sovereign state, country under its nationality law, nationality and citizenship law as a national or cit ...
are required to use Polish travel documents (a
Polish passport A Polish passport () is an international travel document issued to nationals of Poland, and may also serve as proof of Polish nationality law, Polish citizenship. Besides enabling the bearer to travel internationally and serving as indication o ...
or, within the European Union, a Polish National ID card (Dowód osobisty)) while travelling in the
Schengen Area The Schengen Area ( , ) encompasses European countries that have officially abolished border controls at their common borders. As an element within the wider area of freedom, security and justice (AFSJ) policy of the European Union (EU), it ...
. Poland requires all Polish citizens (including foreign citizens who are, who can be claimed to or are suspected to hold Polish citizenship) to enter and depart Poland using Polish travel documents.


Russia

Article 27 of The
Russian Constitution The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The latest significant reform occurred in 2020, marked by extensive amendments that altered various sections ...
states that "1.Every who legally stays in the territory of the Russian Federation shall have the right to free travel, choice of place of stay or residence. 2.Everyone may freely leave the Russian Federation. Citizens of the Russian Federation shall have the right to freely return to the Russian Federation." Freedom of movement of Russian citizens around the country is legally limited in a number of situations, including the following: * In
closed cities A closed city or town is a settlement where travel or residency restrictions are applied. Historically, the construction of closed cities became increasingly common after the beginning of the Cold War, particularly in the Soviet Union. Since t ...
(mainly nuclear research centers). Special permits are necessary for both visiting and settling there. * In certain areas near Russia's international border. * In areas with declared
state of emergency A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
. * In the interests of justice (imprisonment, bailiff's order, arrest, undertaking not to leave during a criminal investigation etc.). * For citizens under
military conscription Conscription, also known as the draft in the United States and Israel, is the practice in which the compulsory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it conti ...
. Since the abandonment of propiska system in 1993, new legislation on registration of residence was passed. Unlike propiska, which was a permit to reside in a certain area, registration of residence as worded in the law is merely notification. According to the Russian legislation, there are two types of registration which a person may obtain simultaneously. Permanent registration is obligatory and gives the right for property ownership, temporary registration can be received for a period of time due to rental contract. However, administrative procedures developed "in implementation" of the registration law imposed some conditions on registration which effectively made it depend on the landlord's assent. Since landlords are often not willing to register tenants or guests in their properties due to tax payments, many internal migrants are prevented from performing their legal duty to register. Before 2004, it was common for police to fine those having failed to register within 3 working days at a place of stay. In 2004, the maximum permitted registration lag was raised to 90 days making prosecution infeasible, removing practical obstacles to free movement. The Russian citizens' right to leave Russia may be legally suspended on a number of reasons including: * The case of obtaining access to classified documents while working for the state or the military, during the time when access is granted and up to 5 years afterwards. This limitation is commonly included as a provision in one's contract of employment. * Detention on being prosecuted as a defendant or suspicion of committing a crime. * Military conscription. According to the 62 article of the
Russian Constitution The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The latest significant reform occurred in 2020, marked by extensive amendments that altered various sections ...
, citizen of Russia may have the citizenship of a foreign State (
dual citizenship Multiple citizenship (or multiple nationality) is a person's legal status in which a person is at the same time recognized by more than one sovereign state, country under its nationality law, nationality and citizenship law as a national or cit ...
), but that does not "free him from the obligations stipulated by the Russian citizenship". Russian citizens possessing foreign citizenship may not enter or leave Russia on foreign travel documents. Russian consular offices do not grant visas to foreign passport holders who are (or are suspected to be) Russian citizens.


Serbia

Everyone has the right to move and settle freely in the
Republic of Serbia , image_flag = Flag of Serbia.svg , national_motto = , image_coat = Coat of arms of Serbia.svg , national_anthem = () , image_map = , map_caption = Location of Serbia (gree ...
, to leave it, and to return to it. Freedom of movement and residence and the right to leave the Republic of Serbia may be restricted by the law if this is necessary for the conduct of
criminal proceedings Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
, protection of public order and peace, prevention of the spread of infectious diseases, or defense of the Republic of Serbia.


Turkey

According to Article 23 of the
Turkish Constitution The Constitution of Turkey, formally known as the Constitution of the Republic of Türkiye (), and informally as the Constitution of 1982 (), is Turkey's fundamental law. It establishes the organization of the government, and sets out the pr ...
, each individual in the
Republic of Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...
has the right to travel from one place to another. The freedom of a citizen to travel abroad may be restricted due to his / her citizenship duty or criminal investigation or prosecution. Citizens can neither be deported nor denied entry into the country.


United Kingdom

Britons have long enjoyed a comparatively high level of freedom of movement. Apart from
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
, the protection of rights and liberties in this field has tended to come from the
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
rather than formal constitutional codes and conventions, and can be changed by Parliament without the protection of being entrenched in a constitution. It has been proposed that a range of specific state restrictions on freedom of movement should be prohibited under a new or comprehensively amended Human Rights Act. The new basic legal prohibitions could include: road tolls and other curbs on freedom of travel and private vehicle ownership and use; personal identity cards (internal passports, citizenship licenses) that must be produced on demand for individuals to access public services and facilities; and legal requirements for citizens to register changes of address or partner with the state authorities."The Legal Protection Of Democracy & Freedom: The Case For A New Written Constitution & Bill Of Rights", in Lewis F. Abbott, ''British Democracy: Its Restoration & Extension,'' ISR/Google Books, 2006.


North America


Canada

The
Constitution of Canada The Constitution of Canada () is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various ...
contains mobility rights expressly in section 6 of the
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...
. The rights specified include the right of citizens to leave and enter the country and the right of both citizens and permanent residents to move within its boundaries. However, the subsections protect poorer regions'
affirmative action Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...
programs that favour residents who have lived in the region for longer. Section 6 mobility rights are among the select rights that cannot be limited by the Charter's
notwithstanding clause Section 33 of the ''Canadian Charter of Rights and Freedoms'' is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (, , or, as prescribed by the Quebec Board of the French Language, ). Sometimes referred to ...
. Canada's
Social Union Framework Agreement The Social Union Framework Agreement (SUFA) was an agreement made in Canada in 1999 between Prime Minister Jean Chrétien and the premiers of the provinces and territories of Canada, except Quebec Premier Lucien Bouchard. It concerns equality of op ...
, an agreement between governments made in 1999, affirms that "All governments believe that the freedom of movement of Canadians to pursue opportunities anywhere in Canada is an essential element of Canadian citizenship." In the Agreement, it is pledged that "Governments will ensure that no new barriers to mobility are created in new social policy initiatives."


Saint Martin

In the island of Saint Martin, divided between
Sint Maarten Sint Maarten () is a Countries of the Kingdom of the Netherlands, constituent country of the Kingdom of the Netherlands located in the Caribbean region of North America. With a population of 58,477 as of June 2023 on an area of , it encompasses ...
(part of the
Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
) and the
Collectivity of Saint Martin The Collectivity of Saint Martin (), commonly known as simply Saint Martin (, ), is an overseas collectivity of France in the West Indies in the Caribbean, on the northern half of the Saint Martin (island), island of Saint Martin, as well as so ...
(part of France), freedom of movement is allowed between both halves of the island as stated in the 1648
Treaty of Concordia The Treaty of Concordia, or the Partition Treaty of 1648, was signed on 23 March 1648, between the Kingdom of France and the Dutch Republic and divided the island of Saint Martin (island), Saint Martin. Signature The treaty was signed atop Saint ...
. It is possible that this may have influenced the development of a common identity in the island, which has led to a proposed unification of it.


United States

Freedom of movement under
United States law The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...
is governed primarily by the
Privileges and Immunities Clause The Privileges and Immunities Clause (United States Constitution, U.S. Constitution, Article Four of the United States Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a U.S. state, state of the United Stat ...
of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
which states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." As far back as the
circuit court Circuit courts are court systems in several common law jurisdictions. It may refer to: * Courts that literally sit 'on circuit', i.e., judges move around a region or country to different towns or cities where they will hear cases; * Courts that s ...
ruling in '' Corfield v. Coryell,'' 6 Fed. Cas. 546 (1823), freedom of movement has been judicially recognized as a fundamental Constitutional right. In ''
Paul v. Virginia ''Paul v. Virginia'', 75 U.S. (8 Wall.) 168 (1869), is a United States corporate law, U.S. corporate law decision by the United States Supreme Court. It held that a corporation is not a citizen within the meaning of the Privileges and Immunities ...
,'' 75 U.S. 168 (1869), the Court defined freedom of movement as "right of free ingress into other States, and egress from them." However, the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
did not invest the federal government with the authority to protect freedom of movement. Under the "privileges and immunities" clause, this authority was given to the states, a position the Court held consistently through the years in cases such as '' Ward v. Maryland,'' 79 U.S. 418 (1871), the ''
Slaughter-House Cases The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision which ruled that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights t ...
,'' 83 U.S. 36 (1873) and ''
United States v. Harris ''United States v. Harris'', 106 U.S. 629 (1883), or the ''Ku Klux'' Case, was a case in which the US Supreme Court held that it was unconstitutional for the federal government to penalize crimes such as assault and murder in most circumstances ...
,'' 106 U.S. 629 (1883).Duster, Michael J. "Criminal Justice System Reform Symposium: Note: Out of Sight, Out of Mind: State Attempts to Banish Sex Offenders." ''Drake Law Review.'' 53:711 (Spring 2005)."Note: Membership Has Its Privileges and Immunities: Congressional Power to Define and Enforce the Rights of National Citizenship." ''Harvard Law Review.'' 102:1925 (June 1989). Internationally, § 215 of the
Immigration and Nationality Act of 1952 The Immigration and Nationality Act of 1952 (), also known as the McCarran–Walter Act, codified under Title 8 of the United States Code (), governs immigration to and citizenship in the United States. It came into effect on June 27, 1952. The l ...
(currently codified at 8 U.S.C.br>§ 1185
, it is unlawful for a United States citizen to enter or exit the United States without a valid United States passport. The State Department refused to issue passports to citizens who declined to swear that they were not Communists. This practice was ended following the 1958 Supreme Court Case ''
Kent v. Dulles ''Kent v. Dulles'', 357 U.S. 116 (1958), was a landmark decision of the U.S. Supreme Court on the right to travel and passport restrictions as they relate to First Amendment free speech rights. It was the first case in which the U.S. Supreme Cou ...
''.


Oceania


Australia

No federal Australian legislation guarantees freedom of movement within the
Commonwealth of Australia Australia, officially the Commonwealth of Australia, is a country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It has a total area of , making it the sixth-largest country in ...
. Various Australian laws restrict the right on various grounds. Until 1 July 2016,
Norfolk Island Norfolk Island ( , ; ) is an States and territories of Australia, external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head, New South Wales, Evans Head and a ...
had immigration controls separate from those of the remainder of Australia and a permit was required for
Australian citizens The primary law governing nationality of Australia is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applicable in all states and territories of Australia. All persons born in Australia before 20 August 1986 ...
or residents to enter. In August 2014 the Australian
Commonwealth Government The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the prime ...
proposed regulating the rights of Australian citizens to travel to and from designated areas associated with
terrorism Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war aga ...
.


See also

*
Border control Border control comprises measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders. While border control is typically associated with international borders, it als ...
*
Customs union A customs union is generally defined as a type of trade bloc which is composed of a free trade area with a common external tariff.GATTArticle 24 s. 8 (a) Customs unions are established through trade pacts where the participant countries set u ...
*
Freedoms of the air The freedoms of the air, also called five freedoms of air transport, are a set of commercial aviation rights granting a country's airlines the privilege to enter and land in another country's airspace. They were formulated as a result of disag ...
*
Global labor arbitrage Global labor arbitrage is an economic phenomenon where, as a result of the removal of or disintegration of barriers to international trade, jobs move to nations where labor and the cost of doing business (such as environmental regulations) are in ...
*
Hypermobility (travel) Hypermobile travelers are "highly mobile individuals" who take "frequent trips, often over great distances." They "account for a large share of the overall kilometres travelled, especially by air." These people contribute significantly to the overa ...
*
Leave to enter Leave to enter is the permission given by British immigration officers for entry to the United Kingdom and the Crown Dependencies. Under the Immigration Rules (a key piece of immigration legislation in the UK), anyone who does not have Right of a ...
*
Right of abode The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there witho ...
*
Right of asylum The right of asylum, sometimes called right of political asylum (''asylum'' ), is a juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, such as a second country or another enti ...
*
Right of return The right of return is a principle in international law which guarantees everyone's right of return to, or re-entry to, their country of citizenship. The right of return is part of the broader human rights concept of freedom of movement and is al ...
*
Transport divide Transport divide (also known as transport exclusion, transport disadvantage, transport deprivation, transportation divide, and mobility divide) refers to unequal access to transportation. It can result in the social exclusion of disadvantaged gr ...


References


External links


Freedom of Movement and limitations thereof in CubaUN General Assembly, Universal Declaration of Human Rights, Article 13UN Human Rights Committee, General Comment No. 27: Freedom of Movement
{{DEFAULTSORT:Freedom Of Movement International travel documents Human rights by issue Concepts in political philosophy